Ex parte BERSON et al. - Page 4




                 Appeal No. 96-2278                                                                                                                     
                 Application 08/175,001                                                                                                                 


                 Rather than repeat the arguments of appellants or the                                                                                  
                 examiner, we make reference to the brief  and the answer for            2                                                              
                 the respective details thereof.                                                                                                        


                 OPINION                                                                                                                                
                 We have carefully considered the subject matter on                                                                                     
                 appeal, the rejections advanced by the examiner and the                                                                                
                 evidence of anticipation and obviousness relied upon by the                                                                            
                 examiner as support for the rejections.  We have, likewise,                                                                            
                 reviewed and taken into consideration, in reaching our                                                                                 
                 decision, the appellants’ arguments set forth in the brief                                                                             
                 along with the examiner’s rationale in support of the                                                                                  
                 rejections and arguments in rebuttal set forth in the                                                                                  
                 examiner’s answer.                                                                                                                     
                 It is our view, after consideration of the record                                                                                      
                 before us, that the disclosure of Axelrod does not fully meet                                                                          
                 the invention as recited in claims 1-3, 5-8 and 10-15.  We are                                                                         
                 also of the view that the teachings of Senanayake and Piosenka                                                                         

                          2The reply brief filed February 7, 1996 was denied entry                                                                      
                 by the examiner [Paper No. 15].  Accordingly, we have not                                                                              
                 considered the reply brief in the formulation of this                                                                                  
                 decision.                                                                                                                              
                                                                           4                                                                            





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